Reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 24 March 2017 – Swedish Match AB v Secretary of State for Health

(Case C-151/17)

Language of the case: English

Referring court

High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)

Parties to the main proceedings

Applicant: Swedish Match AB

Defendant: Secretary of State for Health

Questions referred

Are Articles 1(c) and 17 of Directive 2014/40/EU¹ invalid by reason of :

breach of the EU general principle of non-discrimination;

breach of the EU general principle of proportionality;

breach of Article 5(3) TEU and the EU principle of subsidiarity;

breach of Article 296(2) of the Treaty of the Functioning of the European Union (“TFEU”);

breach of Articles 34 and 35 TFEU; and

breach of Articles 1, 7 and 35 of the EU Charter of Fundamental Rights.

____________

¹ Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014, L 127, p. 1).